Tag Archives: Unitary Patent

Further step in ratification of UPC by Germany

Unified Patent Court (UPC) Unitary Patent - Dec 18,2020 - No Comment

As expected, the second chamber of the German Parliament (« Bundesrat ») has just voted today in favor of the ratification of the Unified Patent Court Agreement and of the Protocol to the Agreement on a Unified Patent Court (click here)

The vote was unanimous and the next step is now a formal signature of the Law by the German President.

Before the law is signed, we will monitor whether another appeal is filed before the Federal Constitutional Court, as it is expected from entities opposed to this agreement, in particular in the field of free software.

We will keep you promptly informed of the next developments and more generally in relation to the pending questions of the relocation of the London section of the UPC and the third Member State required to ratify the UPC Agreement in place of the UK.

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New Ratification of The UPCA by The Bundestag – What Is Next ?

Unified Patent Court (UPC) Unitary Patent - Nov 30,2020 - No Comment

The German National Assembly (Bundestag) has now adopted the law for ratifying the Unified Patent Court Agreement (UPCA) with the required majority. As a next step, the Bundesrat, the second chamber, has to approve the law. As the Bundesrat did not have any objections previously, it is likely that the law will pass with the required majority. The next session of the Bundesrat is planned for 18 December 2020, however the schedule of the session is not yet fixed. After the vote of the Bundesrat, the government and the president have formally to sign the law.

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Order N°2018-341 of May 9th, 2018, Regarding Unitary European Patents and The Unified Patent Court

Unified Patent Court (UPC) Unitary Patent - May 16,2018 - No Comment

After the ratification of the Unified Patent Court Agreement (UPCA) by the United Kingdom on April 26th, France has just adopted new Order n°2018-341 of May 9th, 2018, regarding Unitary Patents and the Unified Patent Court (the “Order”).

While this new law intends to amend the French Intellectual Property Code in view of the upcoming changes with Unitary Patents (“UP”) and the Unified Patent Court (“UPC”), it is supposed to have a wider impact on patent law in France.

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Unitary Patent – Lithuania Completes Its Ratification Formalities

Unified Patent Court (UPC) Unitary Patent - Aug 28,2017 - No Comment

According to the website of the Council of the European Union, Lithuania has completed its ratification formalities on 24 August 2017. This is the 14th ratification following that of Estonia which joined the unitary patent system on 1 August 2017.

To be complete, the unitary patent system requires 13 ratifications, including France, Germany and the United Kingdom. France is already part of the system since 14 March 2014. However, according to the Preparatory Committee, the United Kingdom and Germany still have some hurdles to overcome before the unitary patent system enters into force (you can see our previous posts on the situation in the UK and Germany)

Still, the Preparatory Committee is confident that the UPC will come into force around January 2018.

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5th conference on the Unitary Patent and the Unified Patent Court

Unified Patent Court (UPC) Unitary Patent - Jul 07,2017 - No Comment

The 5th conference on the Unitary Patent and the Unified Patent Court, organized annually by Premier Cercle in association with the EPO, was held in Munich on July 5, 2017.

First, an overview over the state of advancement of the implementation of the Unitary Patent and the UPC from a technical, legal and financial point of view was given by a member of the Committee in charge of the Implementation of the Unitary Patent Protection. It appears that the implementation is completed at all levels, and that the system is ready to launch as soon as the ratification process has been completed.

This overview was followed by a discussion on the selection of the judges for the UPC. The first round of selection is now completed and 236 candidates were selected among initially 841. These candidates will now be interviewed individually to select a total of 100 judges, among which 50 technically qualified judges and 50 legally qualified judges. The overall impression conveyed by the Chairman of the Advisory Panel on the Selection and Training of Judges for the Unified Patent Court, Sir Robin Jacob, was that the quality of the candidates was very promising.

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